Farm Pride Foods Limited Summary

[2014] FWCA 6426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride Foods Limited
(AG2014/6192)

FARM PRIDE FOODS LIMITED (KEYSBOROUGH SITE) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 SEPTEMBER 2014

Application for the approval of the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Farm Pride Foods Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Farm Pride Foods Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Farm Pride Foods Limited applied to the Fair Work Commission for approval of the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2013. The National Union of Workers opposed the application, raising several objections to the agreement. The Fair Work Commission was required to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper protection of employees' interests, was in the interests of enterprise bargaining, and did not have the effect of undermining or avoiding the operation of the Act or of a law. The Commission also considered whether the agreement contained provisions that would have an adverse effect on the availability of employment or the terms and conditions of employment.

The Commission found that the agreement did not undermine the operation of the Fair Work Act or any other law, and that it did not have the effect of avoiding the operation of the Act or any other law. The Commission also found that the agreement did not contain any provisions that would have an adverse effect on the availability of employment or the terms and conditions of employment. However, the Commission found that the agreement did not adequately protect the interests of employees in relation to certain provisions regarding the termination of employment. The Commission rejected the application for approval on this basis.

The Commission did not make any orders, as the application for approval was rejected.

Farm Pride Foods Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established